Playing with the escrow balance and asking for more money is one of many games the “servicers” play in the Great Securitization game. Relentlessness in challenging (1) the authority of the company pretending to be a servicer and (2) their rendition of the escrow balance and reconciliation of their request for more money is how […]

Posted in Corruption, discovery, Fabrication of documents, Servicer |

Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got […]

Posted in discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading |

The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment aganst them.  ApplicationForLoanProcessAndFundingOfServiceFees I am experimenting […]

Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing |

ALL EXISTING LAW AGREES WITH MY MAIN POINT: There is no basis for claiming you are a creditor unless you own the debt or represent someone who owns the debt. Since 2000 and maybe before that we have abandoned real creditors and steadily transformed administration, collection, and enforcement of alleged debts to include virtual creditors […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading, Servicer |

Investors would do much better if they stopped litigating the duty to enforce repurchase agreements. The repurchase agreement is void because there was no purchase. There are better claims to make that are more easily proven. Homeowner litigants need to have more courage and attack the existence and ownership of the underlying alleged obligation much […]

Posted in Corruption, discovery, evidence, Fabrication of documents, securities fraud |

What is obvious is false but only investment bankers know it.  * Without knowing it, you are probably doing business with a Wall Street securities brokerage firm calling itself an “investment bank.” You didn’t know because they were never disclosed. And the money they paid to you was not a loan — at least not […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, Pleading |

The problem has always been how to present this counterintuitive reality to a judge who is convinced that securitization of a loan DID occur even though the transaction was not in fact a loan and no sale occurred. After decades of litigating and teaching litigation, the one common theme throughout my career has been the […]

Tags: post judgment litigation, post sale litigation, securitization, surplus funds
Posted in Corruption, evidence, Fabrication of documents, Motions, Servicer |

If you are not going to follow up on complaints to your attorney general or the CFPB, then you shouldn’t have filed the complaint in the first place. If you are not going to follow up on demand for discovery, don’t bother filing them. The simple truth is that they never answer the question. They […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, Pleading, Servicer |

Please Donate to Support Neil Garfield’s Efforts to stop Foreclosure Fraud.   You don’t need to believe me. You don’t need proof that what I am saying is true. You have every right in every court to file demands for discovery relating to the existence and ownership of the debt. Ask any lawyer or any […]

Posted in Corruption, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

SHOW ME THE LEDGER! NO, NOT THE ONE FROM THE SELF PROCLAIMED SERVICER. SHOW ME THE ONE FROM THE COMPANY CLAIMING THEY PAID VALUE FOR THE DEBT. I have been beating around the bush too long. In my opinion, rejection of a claim for foreclosure from securitization players is not the equivalent of any windfall […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, legal standing, securities fraud, Servicer |